On an application for a Declaration that another insurer share in the costs of the defence of an underlying action, there was nothing in the documentation to specifically identify the contested policy as either a claims-made policy or an occurrence policy. Because more than one reasonable interpretation of the insuring agreement was open, the interpretation favouring the Insured by recognizing a duty to defend resulted and the Declaration was granted.
Lanark Mutual Insurance Co. v. Economical Mutual Insurance Co., [2006] O.J. No. 2173, Ontario Superior Court of Justice